Kinder Morgan Illinois Pipeline LLC
Original Volume No. 1
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Effective Date: 12/01/2007, Docket: RP08- 34-000, Status: Effective
Original Sheet No. 164 Original Sheet No. 164 : Effective
GENERAL TERMS AND CONDITIONS
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Section 12.1(b) of these General Terms and Conditions. A Shipper
shall not be obligated to pay any reservation or demand charges for
suspended service attributable to the period when that service is
suspended.
(c) At any time after a Shipper is determined to be
noncreditworthy by KMIP, the Shipper may initiate a creditworthiness
re-evaluation by KMIP. As part of the Shipper's re-evaluation request,
the Shipper must either update or confirm in writing the prior
information provided to KMIP related to the Shipper's
creditworthiness. Such update should include any event(s) that the
Shipper believes could lead to a material change in the Shipper's
creditworthiness. Such reevaluation shall be performed consistent with
Section 12.1(a) of these General Terms and Conditions. After KMIP's
receipt of such a request for credit reevaluation including all
required information under this Tariff for evaluation of credit, KMIP
shall provide a written response to Shipper within five (5) Business
Days. Such written response should include either a determination of
creditworthiness status, clearly stating the reason(s) for KMIP's
decision, or an explanation supporting a future date by which a
reevaluation determination will be made. In no event should such
reevaluation determination exceed twenty (20) Business Days from the
date of the receipt of Shipper's Request unless specified in this
tariff or if the parties mutually agree to some later date. If KMIP
determines that Shipper is now creditworthy without security, any
security requirements under Section 12.1(b) of these General Terms and
Conditions shall be terminated and any prepayment amounts (including
any applicable interest) released to Shipper from escrow within five
(5) Business Days after such determination.
(d) In addition to suspension, KMIP may terminate service
if the Shipper fails to provide adequate assurance of future
performance consistent with Section 12.1(b) of these General Terms and
Conditions. Any such termination requires thirty (30) days' prior
notice to Shipper and to the Commission. To avoid termination, the
Shipper must satisfy Section 12.1(b) of these General Terms and
Conditions within this notice period. Such notice may be given
simultaneously with the notice provided for in Section 12.2(a)(1) of
these General Terms and Conditions.
(e) In addition to any prior notice provided for above,
KMIP shall simultaneously notify the Commission in writing of any
suspension or termination of service under this Section 12.2.
(f) KMIP may not take any action under this Section 12.2
which conflicts with any order of the U. S. Bankruptcy Court.